I

BLAIR LEE III, Acting Governor                           2475

THE OBTAINING OF PROPERTY OR SERVICES BY UTTERING OR
PASSING A BAD CHECK, WHEN THE UTTERING OR PASSING IS NOT
ACCOMPANIED BY ANY FALSE REPRESENTATIONS OTHER THAN A FALSE
REPRESENTATION OR FALSE REPRESENTATION THAT THERE ARE
SUFFICIENT FUNDS WITH THE DRAWEE TO COVER THE CHECK, SHALL
NOT BE PROSECUTED UNDER THE SUBHEADING "THEFT" OF THIS
ARTICLE, OR UNDER ANY OTHER SECTION OF THIS ARTICLE IF THE
PERSON WHO OBTAINS THE PROPERTY OR SERVICES MAKES THE CHECK
GOOD WITHIN TEN DAYS OF DISHONOR BY THE DRAWEE OF THE CHECK;
AND NO PROSECUTION SHALL BE COMMENCED BY WARRANT,
INFORMATION, INDICTMENT, OR OTHERWISE OTHER CHARGING
DOCUMENT UNTIL THE EXPIRATION OF THAT PERIOD OF TEN DAYS.

SECTION 2. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland be repealed, amended, or
enacted to read as follows:

Article - Courts and Judicial Proceedings

5-306.

A MERCHANT OR AN AGENT OR EMPLOYEE OF THE MERCHANT WHO
DETAINS OR CAUSES THE ARREST OF ANY PERSON SHALL NOT BE HELD
CIVILLY LIABLE FOR DETENTION, SLANDER, MALICIOUS
PROSECUTION, FALSE IMPRISONMENT, OR FALSE ARREST OF THE
PERSON DETAILED OR ARRESTED, WHETHER THE DETENTION OR ARREST
TAKES PLACE BY THE MERCHANT OR BY HIS AGENT OR EMPLOYEE, IF
IN DETAINING OR IN CAUSING THE ARREST OF THE PERSON, THE
MERCHANT OR THE AGENT OR EMPLOYEE OF THE MERCHANT HAD, AT
THE TIME OF THE DETENTION OR ARREST, PROBABLE CAUSE TO
BELIEVE THAT THE PERSON COMMITTED THE CRIME OF "THEFT", AS
PROHIBITED BY SECTION 342 OF ARTICLE 27 OF THE CODE, OF
PROPERTY OF THE MERCHANT FROM THE PREMISES OF THE MERCHANT.

SECTION 3. AND BE IT FURTHER ENACTED, That Section(s)
142A of Article 27 - Crimes and Punishments of the Annotated
Code of Maryland be renumbered to be Section(s) 145 and to
be under the new subheading "Credit Card Offenses" to read
as follows:

Article 27 - Crimes and Punishments

CREDIT CARD OFFENSES

[142A.] 145.

(a) For the purposes of this section:

(1)    "Cardholder" means the person or
organization named on the face of a credit card to whom or
for whose benefit the credit card is issued by an issuer.

(2)    "Credit card" means an instrument or
device, whether known as a credit card, credit plate, or by
any other name, issued by an issuer for the use of the
cardholder in obtaining money, goods, services or anything